Cannabis DUI Ticket Lawyer in Chicago
A cannabis DUI is a serious charge but we’ll examine the stop, testing, and every detail of your arrest to fight for the best result.
We see it happen often. A simple traffic stop suddenly shifts into a DUI investigation because an officer claims to smell cannabis. Before you realize what is happening, you are being asked to submit to a blood or urine test.
Another frequent situation is when a driver is initially suspected of alcohol impairment, but the officer cannot support an arrest, such as when a breath test comes back under .08. Instead of letting you go, they pivot and suggest you might be under the influence of marijuana.
Even though recreational and medical cannabis are legal in Illinois, you cannot use it while driving or operate a vehicle if you have more THC in your system than the law allows.
Every year, thousands of drivers in Chicago and surrounding areas of Illinois face DUI charges involving cannabis. Many of these cases involve weak evidence, flawed testing, or assumptions that can be challenged. If you were arrested for a marijuana DUI, Kovacevic Law can help you fight the charge and pursue the best possible outcome based on your situation.
We know how stressful a DUI arrest can be. Our firm has guided countless clients through the same process, and we are committed to giving you the strong, strategic defense you deserve. When you choose Kovacevic Law, you get a team focused on protecting your rights, your record, and your future.
Marijuana DUI Charges & Penalties
A cannabis DUI in Chicago or any other surrounding Illinois areas is handled much like an alcohol-related DUI, and state law sets clear limits on the amount of THC allowed in a driver’s system. You are considered legally impaired if testing shows five nanograms of THC per milliliter of whole blood or 10 nanograms per milliliter in another bodily substance such as urine or saliva. These levels are typically measured through chemical testing after an arrest.
A marijuana DUI can also be based on observed signs of impairment, even if THC levels are below the legal limit. Officers may look for indicators such as dilated pupils, the smell of cannabis, an elevated pulse, confusion, or short-term memory lapses.
Criminal Penalties
For many people, a first marijuana DUI is charged as a Class A misdemeanor. A conviction can lead to:
- Up to one year in jail
- Fines up to 2,500 dollars, plus court costs
- A one-year driver’s license revocation
- Mandatory drug and alcohol evaluations, risk education, and possibly treatment
Certain individuals may qualify for court supervision, which can prevent a conviction if all court requirements are met. Some cases, such as those involving injuries, children in the vehicle, or repeat offenses, may be charged as aggravated DUI, a felony with significantly harsher consequences.
License Suspension
A marijuana DUI arrest can also trigger a statutory summary suspension by the Illinois Secretary of State. This administrative suspension goes into effect on the 46th day after the arrest.
- Failing a chemical test results in a six-month suspension.
- Refusing testing results in a twelve-month suspension.
Although this suspension is automatic, it can be challenged. Kovacevic Law can file the necessary petition and represent you at the hearing so you have the best chance of preventing the suspension from taking effect. Acting quickly helps protect your ability to drive, but our team will handle the legal steps involved.
For a free legal consultation with a Criminal Defense lawyer serving the Chicagoland area, call (312) 344-3340.
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Frequently asked questions
Get clear information on what to expect from a marijuana DUI case and how a cannabis DUI lawyer can help protect your rights.
What Is the difference between a marijuana DUI and an alcohol DUI?
Legally, Illinois treats alcohol-related DUIs and cannabis DUIs under the same statute, meaning both fall under the general law that prohibits driving while impaired by alcohol, drugs, intoxicating compounds, or any combination of these substances.
For a first offense , both alcohol and marijuana DUIs are usually charged as Class A misdemeanors. This level of charge carries a potential sentence of up to one year in jail and fines that can reach 2,500 dollars. In more serious circumstances, either type of DUI can be upgraded to an aggravated DUI, which is a felony with significantly higher penalties.
Where the two differ is in how impairment is identified. Alcohol impairment can be measured with a breath test, but cannabis cannot. Officers must rely on blood, urine, or saliva testing to determine THC concentration, and these tests have limitations because THC can remain in the body long after any impairment has passed. This creates unique opportunities to challenge a marijuana DUI charge, especially when the evidence does not accurately reflect a driver’s level of impairment at the time of the stop.
What happens if I am a registered medical marijuana user?
Having a medical marijuana card does not automatically protect you from a cannabis DUI charge in Chicago or other areas of Illinois. However, it can play an important role in your defense. Medical cannabis users often have naturally higher levels of THC in their system because they use marijuana consistently for health reasons. THC can also remain detectable long after the effects have faded, which means a positive test result may not reflect actual impairment at the time you were driving.
If you are a registered medical marijuana patient facing a cannabis DUI charge, we will review your medical use, dosage history, and registration status to understand the full context of your case. Kovacevic Law uses this information to build a stronger, more accurate defense that reflects your individual circumstances.
Can I be arrested for DUI if I used marijuana days ago?
One of the most challenging parts of cannabis DUI cases is that THC stays in the body far longer than its effects. It can appear in blood or urine long after you last used marijuana. Because of this, it is possible to be arrested for a DUI even if days have passed since you consumed cannabis.
This means you could be completely sober, get stopped for a minor traffic issue, and still find yourself facing a DUI arrest because an officer believes your eyes, demeanor, or behavior suggest drug or alcohol use.
This is also why marijuana DUI charges can be strongly defended. Chemical tests do not measure impairment. They only show that THC is present, which could be from recent use or from use several days earlier. The number on a test does not tell the State whether you were actually impaired at the time you were driving.
At Kovacevic Law, we review every piece of evidence in your case to determine what actually happened. We examine the legality of the traffic stop, the officer’s observations, and whether there is any reliable indication of impairment. If the evidence is weak or misinterpreted, we work to challenge it and build a defense that supports your side of the story.
Where will my cannabis DUI case be handled if I was arrested in the Chicago area?
Cannabis DUI cases are prosecuted in the county where the arrest occurred. This means your case will be heard in a local courthouse, such as those serving the Chicago metro area or suburbs. Each county follows the same Illinois DUI laws, but local prosecutors and judges may approach marijuana DUIs differently. At Kovacevic Law we handle cases all over Chicago and the surrounding suburbs which gives you an advantage because we understand local procedures, policies, and what strategies work best in that particular courtroom.
What should I do after being arrested for a marijuana DUI in Illinois?
What you do immediately after a cannabis DUI arrest can significantly affect the outcome of your case.
Your next steps should focus on protecting your rights, preserving evidence, and avoiding mistakes that could harm your defense. Here’s what you should do:
- Write down everything you remember about the traffic stop, including what the officer said, whether they claimed to smell cannabis, and whether field sobriety tests were conducted.
- Avoid discussing your case with anyone except your attorney. Anything you say to police, friends, or online, can be used against you.
- Do not assume you are guilty if a test showed THC in your system. THC can remain long after impairment fades, and many cannabis DUI cases are defensible.
- Keep all paperwork, including citations, towing receipts, court notices, and your summary suspension paperwork.
- Contact a marijuana DUI lawyer as soon as possible. Acting early allows your attorney to challenge the statutory summary suspension, gather evidence, and begin examining whether the stop, testing, or arrest procedures were unlawful.
A marijuana DUI is highly defensible when handled correctly. With quick action and a strong legal strategy, you may be able to avoid suspension, reduce the charges, or even get the case dismissed.